› Flat Chat Strata Forum › By-laws and outlaws › Requirements to pass a by-law on water rates › Current Page
Jef – In so far as the Water Rates (now called Service Availability Charges) would be already invoiced directly to the nine (9) Owners whose Lots share a common water meter, and those same Owners would already be contributing to the Plan’s Water Consumption Charges via their respective Levies albeit in accordance with the Units of Entitlement of their Lots and not the actual water their Lots consume, I don’t understand what the proposed Special By-Law is trying to achieve.
Perhaps you could clarify that.
With regard to Special By-Laws (SBL), only those that upon Registration make Owner/s responsible for the maintenance of some part of the Common Property (for which the Owners Corporation would otherwise be responsible) and/or grant Owner/s the exclusive use of some part of the Common Property require the prior written consent of those Owners to the making of such as SBL.
So the SBL that your O/C proposes (although I as yet don’t understand why) would require the consent of a minimum 75% of those Owners present both personally and by proxy at a General Meeting, with that percentage determined by the sum units of entitlement of those voting for consent and the aggregate units of entitlement for your Plan (i.e. a “poll vote”). So if around 7 of those 9 Owners attend the General Meeting and vote against the SBL, it will fail.
Remember also that a SBL is not legal until it’s Registered on the Strata Title.